Margaret McLaren and Denis Sullivan​Court Appearances 1863 -1870

DESERTING A WIFE. Denis Sullivan was charged with assaulting and deserting his wife on the 27th June.

Margaret Sullivan: I am the wife of prisoner; this is a copy of my marriage lines, I was married in Ipswich; last Saturday night, my husband, who is a drayman, beat me and sent me away from the dray at Three-mile Creek; I have been stopping since at Meehan’s; I did not go to my husband to ask for maintenance, because I was in dread of him; he had beaten me several times before, and I am apprehensive if I go back to him he will do me some harm; he has threatened that he would well beat and kill me if I went nigh him.

Cross-examined by defendant: You turned me away from the dray on Saturday; you were in a state of intoxication at the time.

To the bench: I have two children, seven and two years of age, and I have no other support than what I receive from my husband.

The defendant said he did not deny he was in liquor Saturday last, and he might have said something to his wife, but if she had come back afterwards there would have been nothing more about it; he was willing to support his wife in any way she wished either with him or separated from him, but he preferred she live with him - he wanted her.

The bench would dismiss the case, being of the opinion that such violence towards the wife had not been proved as to justify their ordering her a separate maintenance, as in doing so they would cause a greater evil than punish a loss.

Case dismissed.​​** "The Father of Ipswich", George Thorn established the convict settlement at Limestone, as Ipswich was then known.

Comments:Margaret was pregnant with daughter Agnes at the time of the incident. As per Ellen Sullivan v Alexander McLaren , the court sided with the man. The court's decision only delayed the inevitable failure of Denis and Margaret's marriage.

Margaret stated she had 2 children aged 7 and 2 – Ellen and Agnes. Her son John (born 1858 but his death not recorded on BDM Qld) had died by this date. The ages of the children and the Ipswich marriage confirm that the persons in court are our Denis and Margaret.

The family was living in or around a dray, located at Three Mile Creek on the road to today's Amberley.

​Denis was engaged in the delivery business, perhaps using his own dray.

Meehan's was a hotel.

​Nov 1868 Denis Sullivan creates a scene in Rockhampton.

6 Nov 1868 Rockhampton BulletinFriday, November 6. Before the Police Magistrate. ​ Denis Sullivan was charged with being drunk in a public place. Prisoner pleaded not guilty. Sergeant Sheridan stated that prisoner was given into his custody about ten o'clock last night, at a humpy at Fisherman's Point, near the Rocks; he was drunk, and in witness' presence, threatened to take the life of his wife. Constable Sullivan stated that he assisted in the arrest of prisoner; he was drunk.

Prisoner was next charged with resisting the police. Both constables stated that prisoner came quietly for a short distance, and then refused to go with them. They then put the handcuffs on him; he resisted, and Sheridan stated that he kicked him several times on the legs. Prisoner stated to the Bench that his wife was a bad woman, and was cohabiting with a fisherman who lived in the humpy. He arrived in town on Thursday, from Gogango Creek. In the evening, he went to the Roman Catholic Chapel, and after leaving it went to the humpy, for the purpose of taking away his eldest daughter, who was thirteen years of age.​When he got to the humpy, the fisherman bolted away, and his wife sent for the police, and gave him in charge. He had a cheque for £1/15/-, which he cashed at the Union Hotel, and had only one nobbler during the day; at the time of his arrest be had 30s in a pocket-book, and 4s in silver in his pocket. Sergeant Sheridan stated that there was no money at all in the pocket-book. It appeared that prisoner had been twice convicted of drunkenness, and the Bench inflicted a fine of 5s for drunkenness, and 20s for resisting the police, or in default of payment, seven days imprisonment. His Worship observed to prisoner, that once in the hands of the police, he should have gone quietly; if he were arrested illegally he had his remedy.

Q & A: Questions and (possible) Answers:

Q1. Where is Fisherman's Point?A1. A destination for fringe dwellers in the mid-1800's, Fisherman's Point was located upstream of the rocks on the south side of the Fitzroy River, near today's Col Brown Park - see Google map above.

Q2. Why had Denis decided to remove Ellen from Margaret's influence?A2. Perhaps Denis had good intentions - he even visited the chapel prior to confronting Margaret and her de facto.

Q3. How many of the children were living with Margaret and the fisherman?A3. It appears Ellen, Margaret and Agnes may have been living with their mother.

Q4. Who was the fisherman?A4. There is a chance that the fisherman may have been James Hurley.

Q5. What is a "Nobbler"?A5. It is an obsolete English term for a serving of beer or spirits.

Q6. Where is Gogango Creek? A6. Gogango Creek is about 70 km WSW of Rockhampton. See map.

Q7. How old were the family members in 1868?A7. Margaret was 30 and Denis was 40 years of age. Ellen was 12, Margaret 7 and Agnes was 4 years old.

ROCKHAMPTON POLICE COURT. Monday, August 8.BEFORE the Police Magistrate. Margaret Sullivan was before the Court, charged with larceny.

It appeared that a number of articles of wearing apparel, valued altogether at £3, which she had to wash for a girl named Margaret Winton, in Bolsover Street, she put in pawn at Neville's, and obtained an advance of 16s, on them. Prisoner alleged that she kept the things because Margaret Winton owed ber money. This the latter denied.​The Bench said there was no evidence that prisoner had stolen the articles. She simply pawned them, and he could not commit on the charge preferred. The prisoner was thereupon discharged.

Comments and speculation:It appears Margaret was taking in washing. She may have been still living at Fisherman's Point.

The judge may have taken pity on Margaret's circumstances.

Soon thereafter, Margaret may have accompanied James Hurley to Retro Station. Around that time Ellen returned to the place of her birth, Weranga, and Margaret and Agnes may have joined their father in the Taroom district or accompanied Ellen to Weranga.